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(영문) 의정부지방법원 2014.05.16 2013노2687

사문서위조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. Although the Defendant may have been punished for the crime of forging documents even in the past, the Defendant is against the Defendant’s confession of each of the crimes in this case, and in the case of gambling, the amount of gambling is not large. In the case of the crime of forging documents, the Defendant’s personal information on the certificate of arrest of flagrant offender was stated in the investigation process in the process of arresting the Defendant for the crime of forging documents. In full view of all the circumstances, such as the Defendant’s age, character and conduct, environment, the circumstance and details leading to the instant crime, and the circumstances leading to the sentencing conditions indicated in the records, etc., the Defendant’s punishment is deemed unfair, and thus, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.